#THE CRIMINAL PROCEDURE (IDENTIFICATION) ACT, 2022 
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##ARRANGEMENT OF SECTIONS 
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###SECTIONS 

1.  Short title and commencement. 
2.  Definitions. 
3.  Taking of measurement. 
4.  Collection, storing, preservation of measurements and storing, sharing, dissemination, 
destruction and disposal of records.
5.  Power of Magistrate to direct a person to give measurements. 
6.  Resistance to allow taking of measurements. 
7.  Bar of suit. 
8.  Power to make rules. 
9.  Power to remove difficulties. 
10.  Repeal and saving. 


 
#THE CRIMINAL PROCEDURE (IDENTIFICATION) ACT, 2022 

##ACT NO. 11 OF 2022 

[18th April, 2022.]

An Act to authorise for taking measurements of convicts and other persons for the purposes of 
identification and investigation in criminal matters and to preserve records and for matters 
connected therewith and incidental thereto.

BE it enacted by Parliament in the Seventy-third Year of the Republic of India as follows:—

1. **Short  title  and  commencement.** — (1)  This  Act  may  be  called  the  Criminal  Procedure 
(Identification) Act, 2022.

(2) It shall come into force on such date1  as the Central Government may, by notification in the 
Official Gazette, appoint.

2. **Definitions.** — (1) In this Act, unless the context otherwise requires,—  

(a) “Magistrate” means,—  

(i) in relation to a metropolitan area, the Metropolitan Magistrate; 

(ii) in relation to any other area, the Judicial Magistrate of the first class; or  

(iii) in relation to ordering someone to give security for his good behaviour or maintaining 
peace, the Executive Magistrate; 

(b)  “measurements” includes finger-impressions,  palm-print impressions, foot-print 
impressions,  photographs,  iris  and  retina  scan,  physical,  biological  samples  and  their  analysis, 
behavioural  attributes  including  signatures,  handwriting  or  any  other  examination  referred  to  in 
section 53 or section 53A of the Code of Criminal Procedure, 1973 (2 of 1974);

(c) “police officer” means the officer-in-charge of a police station or an officer not below the 
rank of Head Constable;

(d) “prescribed” means prescribed by rules made under this Act;  

(e) “prison officer” means an officer of prison not below the rank of Head Warder.

(2) Words and expressions used herein and not defined but defined in the Indian Penal Code (45 of 
1860)  and  the  Code  of  Criminal  Procedure,  1973  (2  of  1974)  shall  have  the  same  meanings 
respectively assigned to them in those Codes.

3. **Taking of measurement.** —Any person, who has been,—

(a) convicted of an offence punishable under any law for the time being in force; or

(b) ordered  to  give  security  for  his  good  behaviour  or  maintaining  peace  under 
section  117  of  the  Code  of  Criminal  Procedure,  1973  (2  of  1974)  for  a  proceeding  under           
section 107 or section 108 or section 109 or section 110 of the said Code; or 

(c) arrested in connection with an offence punishable under any law for the time being in force 
or detained under any preventive detention law,
shall, if so required, allow his measurement to be taken by a police officer or a prison officer in such 
manner as may be prescribed by the Central Government or the State Government: 

Provided that any person arrested for an offence committed under any law for the time being in 
force (except for an offence committed against a woman or a child or for any offence punishable with 
imprisonment  for  a  period  not  less  than  seven  years)  may  not  be  obliged  to  allow  taking  of  his 
biological samples under the provisions of this section. 

4. **Collection,  storing,  preservation  of  measurements  and  storing,  sharing,  dissemination, 
destruction and disposal of records.** — (1) The National Crime Records Bureau shall, in the interest 
of prevention, detection, investigation and prosecution of any offence under any law for the time being 
in force,— 

(a)  collect  the  record  of  measurements  from  State  Government  or  Union  territory 
Administration or any other law enforcement agencies;

(b) store, preserve and destroy the record of measurements at national level; 

(c) process such record with relevant crime and criminal records; and 

(d) share and disseminate such records with any law enforcement agency, in such manner as may be prescribed.

(2)  The  record  of  measurements  shall  be  retained  in  digital  or  electronic  form  for  a  period  of 
seventy-five years from the date of collection of such measurement: 

Provided that where any person, who has not been previously convicted of an offence punishable 
under  any  law  with  imprisonment  for  any  term,  has  had  his  measurements  taken  according  to  the 
provisions of this Act, is released without trial or discharged or acquitted by the court, after exhausting 
all  legal  remedies,  all  records  of  measurements  so  taken  shall,  unless  the  court  or  Magistrate,  for 
reasons to be recorded in writing otherwise directs, be destroyed from records.

(3) The State Government and Union territory Administration may notify an appropriate agency to 
collect, preserve and share the measurements in their respective jurisdictions.

5. **Power of Magistrate to direct a person to give measurements.**—Where  the  Magistrate  is 
satisfied  that,  for  the  purpose  of  any  investigation  or  proceeding  under  the  Code  of  Criminal 
Procedure, 1973 (2 of 1974) or any other law for the time being in force, it is expedient to direct any 
person to give measurements under this Act, the Magistrate may make an order to that effect and in 
that case, the person to whom the order relates shall allow the measurements to be taken in conformity 
with such directions.

6. **Resistance to allow taking of measurements.**— (1) If any person who is required to allow the 
measurements to be taken under this Act resists or refuses to allow taking of such measurements, it 
shall be lawful for the police officer or prison officer to take such measurements in such manner as 
may be prescribed. 

(2) Resistance to or refusal to allow the taking of measurements under this Act shall be deemed to 
be an offence under section 186 of the Indian Penal Code (45 of 1860).

7. **Bar of suit.**— No suit or any other proceeding shall lie against any person for anything done, or 
intended to be done in good faith under this Act or any rule made thereunder.

8. **Power  to  make  rules.**—  (1)  The  Central  Government  or  the  State  Government  may,  by 
notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  provisions,  such  rules 
may provide for all or any of the following matters, namely:— 

(a) the manner of taking measurements under section 3;

(b) the  manner  of  collection,  storing,  preservation  of  measurements  and  sharing, 
dissemination, destruction and disposal of records under sub-section (1) of section 4; 

(c) the manner of taking of measurements under sub-section (1) of section 6;  

(d) any other matter which is to be prescribed, or in respect of which provision is to be made. 

(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be 
after it is made, before each House of Parliament, while it is in session, for a total period of thirty days 
which may be comprised in one session or two or more successive sessions, and if, before the expiry 
of  the  session  immediately  following  the  session  or  the  successive  sessions  aforesaid,  both  Houses 
agree in making any modification in the rule or both Houses agree that the rule should not be made, 
the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; 
so,  however,  that  any  such  modification  or  annulment  shall  be  without  prejudice  to  the  validity  of 
anything previously done under that rule.

(4) Every rule made by the State Government under this Act shall be laid, as soon as may be after 
it is made, before each House of the State Legislature where it consists of two Houses, or where such 
Legislature consists of one House, before that House.

9. **Power to remove difficulties.**— (1) If any difficulty arises in giving effect to the provisions of 
this  Act,  the  Central  Government  may,  by  order,  published  in  the  Official  Gazette,  make  such 
provisions not inconsistent with the provisions of this Act as appear to it to be necessary for removing 
the difficulty: 

Provided that no such order shall be made under this section after the expiry of three years from 
the commencement of this Act. 

(2) Every order made under this section shall be laid, as soon as may be after it is made, before 
each House of Parliament.

10. **Repeal  and  saving.**—  (1)  The  Identification  of  Prisoners  Act,  1920  (33  of  1920)  is  hereby 
repealed.

(2) Notwithstanding such repeal, anything done or any action taken or purported to have done or 
taken including any rule, regulation, or any proceedings taken, any rule made or any direction given or 
any proceedings taken or any penalty or fine imposed under the repealed Act shall, in so far as it is not 
inconsistent  with  the  provisions  of  this  Act,  be  deemed  to  have  been  done  or  taken  under  the 
corresponding provisions of this Act.

(3) The mention of particular matters in sub-section (2) shall not be held to prejudice or affect the 
general application of section 6 of the General Clauses Act, 1897 (10 of 1897) with regard to the effect 
of repeal.